THOMAS v. SHERIFF, CLARK COUNTY

No. 7010.

504 P.2d 1313 (1973)

Bobby Gene THOMAS, Appellant, v. SHERIFF, CLARK COUNTY, Nevada, Respondent.

Supreme Court of Nevada.

January 12, 1973.


Attorney(s) appearing for the Case

Morgan D. Harris, Public Defender, and Stewart L. Bell, Deputy Public Defender, Las Vegas, for appellant.

Robert List, Atty. Gen., Carson City, Ray A. Woofter, Dist. Atty., and Charles L. Garner, Chief Deputy Dist. Atty., Las Vegas, for respondent.


OPINION

BATJER, Justice:

Appellant, after a preliminary hearing, was ordered to stand trial on a felony charge of statutory rape. He was denied pre-trial habeas relief in the district court and appeals.

His only claim of error is that the state did not offer competent proof to establish his age. In a prosecution for statutory rape, proof of age of the accused is necessary to determine the grade of the offense and the penalty to be inflicted.

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